The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy, which describes Our policies and procedures on the collection, use and disclosure of Your personal information. Please read Our Privacy Policy carefully before using Our Service.
This campaign is used to send appointment confirmations and links, account information, product information, marketing messages, help requests, webchat widget responses, plus opt-in and opt-out confirmations.
You can cancel the SMS service at any time by texting “STOP” to the shortcode; we will confirm your unsubscribe status via SMS, after which you will no longer receive SMS messages from us. To rejoin, sign up again as you did initially. If you experience issues with the messaging program, reply with the keyword HELP for more assistance.
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for messages sent to and from us — contact your wireless provider with questions about your plan.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order, including without limitation Your name, email, phone number, credit card number, expiration date, billing address, and shipping information. You represent and warrant that You have the legal right to use any payment method(s) used in connection with any Order, and that the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide it to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability, errors in the description or prices for Goods, or errors in Your Order. We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy, which forms a part of these Terms. Your right to cancel an Order only applies to Goods returned in the same condition as You received them, including all instructions, documents and wrappings. Goods that are damaged, not in the same condition, or worn beyond opening the original packaging will not be refunded.
We will reimburse You no later than 14 days from the day We receive the returned Goods, using the same means of payment as You used for the Order, at no fee to You.
You will not have any right to cancel an Order for: Goods made to Your specifications or clearly personalized; Goods which by their nature are not suitable to be returned or deteriorate/expire rapidly; Goods unsealed after delivery which are not suitable for return for health/hygiene reasons; Goods which, after delivery, are inseparably mixed with other items; and digital content not supplied on a tangible medium if performance has begun with Your prior express consent and You have acknowledged the loss of Your cancellation right.
We are constantly updating Our offerings of Goods on the Service. The Goods available may be mispriced, described inaccurately, or unavailable, and We may experience delays updating information regarding our Goods. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services, and We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order. Prices quoted may also be revised after accepting an Order in the event of any occurrence affecting delivery caused by government action, customs duty changes, shipping charge increases, foreign exchange costs, or any other matter beyond the Company’s control — in that event, You have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment, made through various payment methods available (such as Visa, MasterCard, American Express, or online payment methods such as PayPal). Payment cards are subject to validation checks and authorization by Your card issuer; if we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules separate from these Terms. Please review the applicable rules as well as our Privacy Policy; if the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
When You create an account with Us, You must provide information that is accurate, complete, and current at all times — failure to do so may result in immediate termination of Your account. You are responsible for safeguarding the password You use to access the Service and for any activities under Your password, and agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use a username that infringes the rights of another person or entity, or that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors, protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services, and shall not be liable for any damage or loss caused by or in connection with the use of or reliance on such content, goods or services. We strongly advise You to read the terms and privacy policies of any third-party sites You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, even if advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to You; in those states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limitation, the Company makes no representation that the Service will meet Your requirements, achieve any intended results, be compatible with any other software or services, operate without interruption, meet any performance or reliability standards, or be error free.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You; in such cases the exclusions and limitations shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: HelpDeskSupport@FreeGift4UAlways.com